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Test Your TTAB Judge-Ability on This Section 2(e)(1) Mere Descriptivenes Refusal of "CLUB DANCE" for Restaurant and Bar Services

How would you rule on this appeal from a Section 2(e)(1) mere descriptiveness refusal of the mark CLUB DANCE for restaurant and bar services? The Examining Attorney relied on third-party registrations for restaurant services, in which CLUB or DANCE has been disclaimed, and on evidence of businesses that offer restaurant services and dancing. Applicant Scripps argued that its customers will be familiar with applicant?s television program of the same name and so the mark will tie in the restaurant with the television program. In re Scripps Networks, Inc., Serial No. 77418854 (April 27, 2010) [not precedential].As to Scripps' television program (last broadcast in 1999), the Board pointed out that Scripps did not claim transferred acquired distinctiveness under Section 2(f)...continue to full post

Full post as published by The TTABlog on May 07, 2010 (boomark / email).